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(영문) 춘천지방법원 2013.10.16 2013노320

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of fine) is too unreasonable.

2. The judgment is based on the fact that the defendant compensated for damages to the victim C and the defendant does not want to be punished against the defendant, and that the defendant does not have any record of punishment for the same kind of crime, but the crime of this case is deemed to damage the victim C and E's own car without any reason, make the police officers who called for, and interfere with the performance of official duties by taking breath, and interfere with the nature of the crime and crime, the reason and motive of the crime, and the reason and motive of the crime cannot be considered in light of the contents of the crime. The defendant did not change damage to the victim E and police officers H, and did not reach an agreement. Considering all favorable circumstances for the defendant, the court below reduced the amount of 4 million won of the fine notified in the initial summary order to 2.5 million won, taking into account all the circumstances favorable to the defendant, and there is no change of circumstances at the trial, and considering the defendant's age, character and behavior, environment, motive, means and result of the crime, various circumstances after the crime, the court below's arguments are justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that "the proviso of Article 42" is deleted in the second 20 pages of the judgment of the court below.]